What Is Probate & How Does It Work?

What Is Probate & How Does It Work?
What Is Probate & How Does It Work?

Managing a loved one’s affairs when they die is never easy. Probate is one of the many things that you will have to deal with.

What Is Probate?

Probate is the entire process of managing the estate of a deceased person. This involves organizing their money, assets, and assets and distributing them as an inheritance – after paying any taxes and liabilities.

If the deceased left a Will, the Will will name the person they have chosen to manage their estate. This person is known as the executor of the Will.

What Is A Grant of Probate?

Before they start, the executor must apply for a Grant of Probate, a legal document that gives them the authority to deal with the deceased’s property.

Probate ends when all taxes and liabilities have been paid and any inheritance transferred.

This guide is here to help you with the probate process. We’ll explain how probate works, how long it takes, and how much it costs. We’ve also put together a list of FAQs that might help you further.

How Does The Probate Process Work?

Every estate and every Will is different. The exact probate process may vary depending on the instructions in the Will and the property, the creditor and the beneficiary of the estate have.

The basic process for an executor is:

  1. Gather the full details of the estate’s assets and debts
  2. Apply for Grant of Probate (permission to administer the estate and pass out inheritance)
  3. Complete an inheritance tax return and pay any tax due
  4. You receive a Grant of Probate
  5. Repay any of the deceased’s outstanding debts
  6. Distribute the rest of the estate according to the instructions left in the Will.

Probate can also be complicated if there is any dispute between the executor, the beneficiary, the creditor or the HMRC. Our attorneys can give advice or help with any stage of the probate process.

We can help if the disputes are preventing you from progressing or may even assume your full duty as an executor.

For a free, private initial discussion with one of our attorneys, call 888-441-2355 or email us info@lynxlegal.com.

See also: Probate in California – The Basics of The Process

How Long Does Probate take?

We provide a highly personalized service to each of our customers. The cost will depend on the amount of work you want us to do. When you speak to one of our team, we will:

  • Judge how much work is involved based on your requirements and the size of the estate
  • Give you an estimate for our fees before starting any work
  • Always try and quote a fixed-fee cost, if possible, for your peace of mind.

Visit our prices page to get a breakdown of our probate fees. If you’d like to discuss your situation, call us on 888-441-2355

What Is Probate & How Does It Work?
How Does It Work?

Who Can Apply For Probate?

Only the executor named on the decedent’s Will can apply for probate to manage their estate.

If you have been designated as an executor but do not want to manage the estate yourself, we can apply for probate on your behalf.

If someone dies without a Will, they are said to have no soul. The estate rules will tell who can apply to administer a surrogate estate.

Read the question below to find out what you can do if a loved one doesn’t have a Will.

Can You Get Probate If There Is No Will?

You cannot receive a Grant of Probate without a Will, but you can still manage the estate and divide the estate through a slightly different process.

The estate rules specify who can apply to administer the estate with a managed grant. If there is no Will that determines how the property will be passed on, the manager will divide the inheritance according to the rules of the estate. Only a spouse, partner, children and other relatives can inherit according to these rules.

Visit our page Lynx Legal Service on heritage rules and estate management to learn more. You can also call us on 888-441-2355 and we can advise on how we can help.

Can I Challenge Someone’s Will?

You can challenge or challenge the Will if you believe it does not accurately represent the deceased person’s intentions on their estate or because you believe it is invalid for other reasons.

You can dispute a will if:

  • The Will has been forged
  • The deceased had reduced mental capacity when writing their Will
  • The deceased was under undue influence when writing their Will
  • You were financially dependent on the deceased and the Will doesn’t provide for you (as required by the Inheritance Act).

Can A Will Be Changed After Death?

You can change a valid Will, but you can only change the inheritance the Will gives you. For example, you can:

  • Give specific assets to different people instead
  • Give away your whole entitlement
  • Reduce inheritance tax
  • Use your inheritance to set up a trust for your family.

You will need to apply for a document called a deed of change, or a deed of family arrangement, to do this. Changing a will after someone dies can be a complicated process.

Contact our attorney on 888-441-2355 if you need advice and we can guide you through the process.

What Rights Does A Beneficiary Have?

The beneficiary is the person who is due to receive an inheritance.

If you are a beneficiary of the Will, you will have certain benefits that the executor must comply with.

If the deceased leaves a valid Will, the beneficiaries of the estate will be named in the Will.

If there is no valid Will, the beneficiaries will be selected according to the will’s rules.

The beneficiary has the right to information during the probate process. The executor has a responsibility to keep the beneficiaries informed about how estate management is progressing. They must keep accounts for the estate and give them to the beneficiary when requested.

Beneficiaries can take legal action against an executor if they breach these rights or if the executor is otherwise mismanaging the estate.

See also: Probate Services Brentwood LYNX

Contact Us

Lynx Legal Service will help you get started on the right foot.  Probate court is something most people don’t think much about until they have to.   Lynx Legal Service does the hard part for you.

To learn more about how our specialist probate solicitors can help you with estate administration and other related issues, call us on 888-441-2355 or contact us online and we’ll ring you back.

Call Us Now 888-441-2355

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